Employment Tribunal Time Limits Increase in October

From 1 October 2026, the time limit for bringing Employment Tribunal claims arising on or after that date will increase from three months to six months. This represents one of the most significant procedural changes under the Employment Rights Act 2025 and will have important implications for employers.

The change will significantly lengthen the period during which workplace disputes may remain active. For employers, the impact will not simply be procedural; it will affect how disputes are managed, how records are kept, and how long potential claims need to remain on the radar.

A longer window for Tribunal claims

The most obvious impact is that employees will have significantly longer to decide whether to bring a claim. The additional three months gives employees more time to reflect on events, obtain legal advice, gather evidence and consider the merits of pursuing tribunal proceedings. Whilst it remains to be seen whether this results in an increase in claims, employers should expect workplace disputes to remain "live" for considerably longer than they do currently.

Tip: Do not assume that a dispute has come to an end simply because several months have passed. Consider whether there are any ongoing issues which may still give rise to litigation.

Employers may not hear about claims for many months

The extension of the tribunal limitation period should not be considered in isolation. The ACAS Early Conciliation period has extended from six to 12 weeks and pauses the limitation clock. The Tribunal has the discretion to extend time in certain cases. There can be an administrative delay between an ET1 being presented and served. The combined result is that employers may not receive notification of a tribunal claim until much later than they have been accustomed to.

By that stage, managers may have moved on to other matters, witnesses may have left the organisation and memories of conversations or meetings may have faded. This can make defending claims significantly more challenging. Given the current delays within the Employment Tribunal system, final hearings may not take place until many months or even years after proceedings have been issued, placing even greater reliance on accurate contemporaneous documentation.

Tip: Where a dispute has arisen, identify the key decision-makers and potential witnesses at an early stage. If appropriate, consider preparing attendance notes or witness summaries whilst events remain fresh in everyone's minds.

Record keeping will become even more Important

As claims may now arise much later, contemporaneous documentation will become increasingly valuable.

Investigation notes, disciplinary records, grievance documents and correspondence may all become key evidence if a tribunal is asked to consider decisions made many months earlier. Employers should also ensure managers clearly record the reasons for important employment decisions rather than relying on recollection at a later date.

This does not mean retaining personal data indefinitely. Employers should continue to comply with their data protection obligations whilst recognising that there may be legitimate reasons for retaining documents where litigation is anticipated or where a workplace dispute has arisen.

Tip: Review your HR procedures to ensure managers are producing clear, accurate and contemporaneous records of meetings, investigations and employment decisions.

Preparing for the changes

Although these changes are procedural, they will have practical implications for the way employers manage workplace disputes.

Employers should review their existing HR practices to ensure that disputes are identified early, records are maintained appropriately and managers understand the importance of documenting decisions. Obtaining legal advice at an early stage may also assist in resolving issues before they develop into tribunal proceedings.

Tip: Review your internal processes now to ensure they remain effective over a longer period of potential litigation risk. Managers should also be reminded that the expiry of the primary limitation period does not necessarily mean the risk of litigation has passed.

Key take aways for employers

The extension of Employment Tribunal time limits from three months to six months, together with the longer ACAS Early Conciliation period, means employers are likely to face a much longer period of uncertainty following workplace disputes.

Good record keeping, well-trained managers and early legal advice will be more important than ever. Employers who prepare now by reviewing their HR procedures and ensuring decisions are properly documented will be in a much stronger position should tribunal proceedings be issued many months after the relevant events.

How Fraser Dawbarns can help

If you would like individual advice in relation to any aspect of preventing or resolving a workplace dispute, our employment law specialists will be happy to help. Please contact any of our offices or complete the enquiry form below and we’ll be in touch.

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.